Trespassing animals; distraint; damages; owner's failure to pay; sale.
If the owner of such stock shall refuse, within forty-eight hours after having been notified in writing, to pay the damages claimed or appoint an arbitrator to represent his interests, the animal or animals shall be sold upon execution as required by law, when the amount of damages and costs have been filed with the county court of the county within which the damages have been sustained.
Source:Laws 1871, § 4, p. 121; R.S.1913, § 112; C.S.1922, § 120; C.S.1929, § 54-404; R.S.1943, § 54-404; Laws 1972, LB 1032, § 259.
Uniform Arbitration Act, applicability, see section 25-2602.01.
Essentials of jurisdiction of justice of peace are stated. Randall v. Gross, 67 Neb. 255, 93 N.W. 223 (1903).
Issuance and service of summons are not necessary to give justice jurisdiction to issue execution, nor does void judgment destroy jurisdiction. Holmes v. Irwin, 17 Neb. 99, 22 N.W. 124 (1885), 22 N.W. 347 (1885).
Object of law is to afford speedy and inexpensive mode of ascertaining damages. Haggard v. Wallen, 6 Neb. 271 (1877).